[House Document 110-138]
[From the U.S. Government Publishing Office]
110th Congress, 2d Session - - - - - - - - - - - - House Document 110-138
ADDITION TO THE NATIONAL EMERGENCY WITH RESPECT TO ZIMBABWE
__________
MESSAGE
from
THEPRESIDENTOFTHEUNITEDSTATES
transmitting
NOTIFICATION OF AN EXECUTIVE ORDER THAT EXPANDS THE SCOPE OF THE
NATIONAL EMERGENCY BLOCKING THE PROPERTY OF PERSONS UNDERMINING
DEMOCRATIC PROCESSES OR INSTITUTIONS IN ZIMBABWE ON MARCH 6, 2003, BY
EXECUTIVE ORDER 13288, PURSUANT TO 50 U.S.C. 1701 ET SEQ.
July 29, 2008.--Message and accompanying papers referred to the
Committee on Foreign Affairs and ordered to be printed
To the Congress of the United States:
Pursuant to the International Emergency Economic Powers
Act, as amended (50 U.S.C. 1701 et seq.) (IEEPA), I hereby
report that I have issued an Executive Order (the ``order'')
that expands the scope of the national emergency declared in
Executive Order 13288 of March 6, 2003, which was relied upon
for additional steps taken in Executive Order 13391 of November
22, 2005, and takes additional steps with respect to that
national emergency.
In Executive Order 13288, I found that the actions and
policies of certain members of the Government of Zimbabwe and
other persons to undermine Zimbabwe's democratic processes or
institutions constituted an unusual and extraordinary threat to
the foreign policy of the United States and declared a national
emergency to deal with that threat. Executive Order 13288
blocks the property and interests in property of the persons
listed in its Annex and permits the designation of any person
or entity owned or controlled by, or acting or purporting to
act directly or indirectly for or on behalf of, any person
listed in that Annex.
Executive Order 13391 took additional steps to address the
national emergency declared in Executive Order 13288 and
amended the provisions of that earlier order. Executive Order
13391 blocks the property of the persons and entities listed in
its Annex and permits the designation of any person or entity
determined: to have engaged in actions or policies to undermine
Zimbabwe's democratic processes or institutions; to have
materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or services in
support of, such actions or policies or any person whose
property and interests in property are blocked pursuant to
Executive Order 13288, as amended; to be or have been an
immediate family member of any person whose property and
interests in property are blocked pursuant to Executive Order
13288, as amended; or to be owned or controlled by, or acting
or purporting to act for or on behalf of, directly or
indirectly, any person whose property and interests in property
are blocked pursuant to Executive Order 13288, as amended.
I have now determined that the continued actions and
policies of the Government of Zimbabwe and other persons to
undermine Zimbabwe's democratic processes or institutions,
manifested most recently in the fundamentally undemocratic
election held on June 27, 2008, to commit acts of violence and
other human rights abuses against political opponents, and to
engage in public corruption, including the misuse of public
authority, warrant an expansion of the existing national
emergency and the existing sanctions with respect to Zimbabwe.
The order supplements the designation criteria set forth in
Executive Order 13288, as amended by Executive Order 13391, and
provides additional criteria for designation of any person
determined by the Secretary of the Treasury, after consultation
with the Secretary of State: to be a senior official of the
Government of Zimbabwe; to be owned or controlled by, directly
or indirectly, the Government of Zimbabwe or an official or
officials of the Government of Zimbabwe; to be responsible for,
or to have participated in, human rights abuses related to
political repression in Zimbabwe; to be engaged in, or to have
engaged in, activities facilitating public corruption by senior
officials of the Government of Zimbabwe; or to have materially
assisted, sponsored, or provided financial, material,
logistical, or technical support for, or goods or services in
support of, the Government of Zimbabwe, any senior official
thereof, or any person whose property and interests in property
are blocked pursuant to Executive Order 13288, Executive Order
13391, or the order.
The order also restates existing designation authority to
block the property and interests in property of persons
determined to have engaged in actions or policies to undermine
Zimbabwe's democratic processes or institutions. Finally, the
order restates existing derivative designation authority and
adds derivative designation authority to block the property and
interests in property of persons determined by the Secretary of
the Treasury, after consultation with the Secretary of State,
to be owned or controlled by, or to have acted or purported to
act for or on behalf of, directly or indirectly, or to be a
spouse or dependant child of, any person whose property and
interests in property are blocked pursuant to Executive Order
13288, Executive Order 13391, or the order.
In the order, I delegated to the Secretary of the Treasury,
after consultation with the Secretary of State, the authority
to take such actions, including the promulgation of rules and
regulations, as may be necessary to carry out the purposes of
the order.
I am enclosing a copy of the Executive Order I have issued.
George W. Bush.
The White House, July 25, 2008.
Executive Order
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Blocking Property of Additional Persons Undermining Democratic
Processes or Institutions in Zimbabwe
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
U.S.C. 1601 et seq.), and section 301 of title 3, United States
Code,
I, GEORGE W. BUSH, President of the United States of
America, find that the continued actions and policies of the
Government of Zimbabwe and other persons to undermine
Zimbabwe's democratic processes or institutions, manifested
most recently in the fundamentally undemocratic election held
on June 27, 2008, to commit acts of violence and other human
rights abuses against political opponents, and to engage in
public corruption, including by misusing public authority,
constitute an unusual and extraordinary threat to the foreign
policy of the United States, and to deal with that threat,
hereby expand the scope of the national emergency declared in
Executive Order 13288 of March 6, 2003, and relied upon for
additional steps taken in Executive Order 13391 of November 22,
2005, and hereby order:
Section 1. (a) Except to the extent provided by statutes,
or provided in regulations, orders, directives, or licenses
that may be issued pursuant to this order, and notwithstanding
any contract entered into or any license or permit granted
prior to the date of this order, all property and interests in
property that are in the United States, that hereafter come
within the United States, or that are or hereafter come within
the possession or control of United States persons, including
their overseas branches, of the following persons are blocked
and may not be transferred, paid, exported, withdrawn, or
otherwise dealt in:
Any person determined by the Secretary of the Treasury,
after consultation with the Secretary of State:
(i) to be a senior official of the Government of
Zimbabwe;
(ii) to be owned or controlled by, directly or
indirectly, the Government of Zimbabwe or an official
or officials of the Government of Zimbabwe;
(iii) to have engaged in actions or policies to
undermine Zimbabwe's democratic processes or
institutions;
(iv) to be responsible for, or to have participated
in, human rights abuses related to political repression
in Zimbabwe;
(v) to be engaged in, or to have engaged in,
activities facilitating public corruption by senior
officials of the Government of Zimbabwe;
(vi) to be a spouse or dependent child of any person
whose property and interests in property are blocked
pursuant to Executive Order 13288, Executive Order
13391, or this order;
(vii) to have materially assisted, sponsored, or
provided financial, material, logistical, or technical
support for, or goods or services in support of, the
Government of Zimbabwe, any senior official thereof, or
any person whose property and interests in property are
blocked pursuant to Executive Order 13288, Executive
Order 13391, or this order; or
(viii) to be owned or controlled by, or to have acted
or purported to act for or on behalf of, directly or
indirectly, any person whose property and interests in
property are blocked pursuant to Executive Order 13288,
Executive Order 13391, or this order.
(b) I hereby determine that the making of donations of the
type of articles specified in section 203(b)(2) of IEEPA (50
U.S.C. 1702(b)(2)) by, to, or for the benefit of any person
whose property and interests in property are blocked pursuant
to paragraph (a) of this section would seriously impair my
ability to deal with the national emergency declared in
Executive Order 13288, as amended, and I hereby prohibit such
donations as provided by paragraph (a) of this section.
(c) The prohibitions of this section include but are not
limited to (i) the making of any contribution or provision of
funds, goods, or services by, to, or for the benefit of any
person whose property and interests in property are blocked
pursuant to Executive Order 13288, Executive Order 13391, or
this order, and (ii) the receipt of any contribution or
provision of funds, goods, or services from any such person.
(d) The provisions of Executive Orders 13288 and 13391
remain in effect, and this order does not affect any action
taken pursuant to those orders.
Sec. 2. (a) Any transaction by a United States person or
within the United States that evades or avoids, has the purpose
of evading or avoiding, or attempts to violate any of the
prohibitions set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the
prohibitions set forth in this order is prohibited.
Sec. 3. For the purposes of this order:
``(a) the term ``person'' means an individual or entity;
(b) the term ``entity'' means a partnership, association,
trust, joint venture, corporation, group, subgroup, or other
organization;
(c) the term ``United States person'' means any United
States citizen, permanent resident alien, entity organized
under the laws of the United States or any jurisdiction within
the United States (including foreign branches), or any person
in the United States; and
(d) the term ``Government of Zimbabwe'' means the
Government of Zimbabwe, its agencies, instrumentalities, and
controlled entities.
Sec. 4. For those persons whose property and interests in
property are blocked pursuant to this order who might have a
constitutional presence in the United States, I find that,
because of the ability to transfer funds or other assets
instantaneously, prior notice to such persons of measures to be
taken pursuant to this order would render these measures
ineffectual. I therefore determine that, for these measures to
be effective in addressing the national emergency declared in
Executive Order 13288, there need be no prior notice of a
listing or determination made pursuant to section 1 of this
order.
Sec. 5. The Secretary of the Treasury, after consultation
with the Secretary of State, is hereby authorized to take such
actions, including the promulgation of rules and regulations,
and to employ all powers granted to the President by IEEPA as
may be necessary to carry out the purposes of this order. The
Secretary of the Treasury may redelegate any of these functions
to other officers and agencies of the United States Government
consistent with applicable law. All agencies of the United
States Government are hereby directed to take all appropriate
measures within their authority to carry out the provisions of
this order.
Sec. 6. The Secretary of the Treasury, after consultation
with the Secretary of State, is hereby authorized to submit the
recurring and final reports to the Congress on the national
emergency declared in Executive Order 13288, as amended, and
expanded in this order, consistent with section 401(c) of the
NEA (50 U.S.C. 1641(c)) and section 204(c) of IEEPA (50 U.S.C.
1703).
Sec. 7. This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at
law or in equity by any party against the United States, its
departments, agencies, instrumentalities, or entities, its
officers or employees, or any other person.
George W. Bush.
The White House, July 25, 2008.